Anil Swaroop Tandon v. State of U. P. Through Secretary, Education Department, Govt. Of U. P. , Lucknow and Others
2012-09-20
A.P.SAHI
body2012
DigiLaw.ai
Amreshwar Pratap Sahi, J.;— Heard Sri W.H.Khan learned Senior Counsel for the petitioner and the learned standing counsel for the respondent nos. 1 to 4. 2. Issue notice to the respondent nos.5 and 6 returnable at an early date. Steps to be taken within 3 days. The matter shall be listed after two weeks on 15.10.2012. 3. The petitioner had contested the dispute of the electoral college of the Society which has been decided by the order dated 11.9.2012. The petitioner is not aggrieved by the declaration of the membership but by the consequential action taken by the respondent no.2 for holding the elections through the Principal of J.S.Hindu College, Amroha which is being objected to on the ground that the said Principal does not fall within the definition of the word "Officer". 4. The word "Officer" duly authorised is contemplated under sub section 2 of Section 25 of the Societies Registration Act and therefore his authorisation by the Assistant Registrar to convene the meeting and hold the elections is violative of the said provision. 5. Learned counsel for the petitioner contends that the words used specifically require the authorization of any official which means any officer of the government or in government service and not the Principal of a privately managed institution. 6. Learned standing counsel on the other hand contends that the Principal of an institution which is recognised under the U.P.Intermediate Education Act holds a public office and therefore he should be presumed to be included within the definition of the word "Officer", as such the contention raised by the learned counsel for the petitioner is unacceptable. 7. Sri Khan learned counsel for the petitioner has relied on a Division Bench decision of this Court in the case of Managing Committee Vs. D.I.O.S. reported in 1985 AIR Note of Cases 201 where it has been observed that a private person cannot be delegated such power for holding of elections of the Society however highly placed he might be. 8. The question is whether the Principal of a privately managed college who receives salary from the government grants will fall within the definition of an officer as used in sub section 2 of Section 25 of the Societies Registration Act or not. 9.
8. The question is whether the Principal of a privately managed college who receives salary from the government grants will fall within the definition of an officer as used in sub section 2 of Section 25 of the Societies Registration Act or not. 9. Prima facie the Principal of an Intermediate College is not a government officer or a Gazetted officer In such a situation the Assistant Registrar ought to have appointed an officer of his Department or any other government department for presiding over to conduct the meeting that has to be held for holding of elections. The petitioner has therefore made out a case for grant of an interim relief. 10. Until further orders of this Court the Principal, J.S.Hindu Inter College, Amroha is restrained from taking any steps or conducting the election as authorised by the Assistant Registrar pursuant to the impugned order dated 11.9.2012. 11. The Assistant Registrar is however directed to appoint any other person who may fall within the definition of word "officer" as observed herein above. The said order shall be passed within 1 week from today. Such officer shall carry out and implement the order dated 11.9.2012 for holding of the elections. 12. Learned counsel for the petitioner may serve a copy of this order upon the Assistant Registrar. A copy of this order may be given to the learned counsel for the petitioner on payment of usual charges today. _____________